For the First Time in History, Companies Must Certify their Affirmative Action Plans

On Dec. 2, 2021, the Office of Federal Contract Compliance Programs (OFCCP) introduced its new contractor portal. OFCCP describes the portal as a “platform where covered contractors must certify whether they are meeting the requirement to develop and maintain annual affirmative action programs.”

The portal is also where contractors will reportedly upload data during compliance evaluations. Some experts are concerned the OFCCP will eventually require that companies upload their entire AAP through the portal annually.

Beginning each March 31st, contractors must use the certification feature in the portal to prove their AAP compliance.  Existing contractors “must” certify whether they have developed and maintained an affirmative action program for each of their establishments or functional units by June 29th of each year.

This certification requirement is due in part to a 2016 US Government Accountability Office report to Congress, which found that “OFCCP’s weak compliance evaluation selection process, reliance on voluntary compliance, and lack of staff training create several challenges to its enforcement efforts.” OFCCP has been working to add more teeth to the enforcement of its laws since 2016.

A list of FAQ’s can be found on the OFCCP’s website here.  The latest webinar from the OFCCP on the portal can be found here

Call Doug Blizzard, Chief Solutions Officer, at (919) 878-9222, or email him if you have questions and need help thinking through this process.